ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2 Annex III,rev.1 Page 46 7.6 Application of weighting factors 7.6.1 Once the TEB has proceeded with its marking (paragraph 7.5.1 above) the weighting factors shall be applied to the awarded marks. 7.6.2 The result of such application will be weighted marks which shall also be filled into the marking sheets together with their respective aggregate for each tender. 7.7 Overall assessment of tenders and finalisation of recommendation 7.7.1 Following the application of the weighting factors the TEB shall proceed with an overall assessment of the tenders taking into consideration: i. the weighted marks; ii. the price; and , iii. when established in the ITT at the time of its issuing the industrial policy measures and/or the geographical return requirements. 7.7.2 The TEB Chairperson who is responsible for the correct proceedings of the board shall guide the discussion in such a way that any possible significant differences of opinion may be reduced, or if this is not possible, that they are clearly identified and recorded. 7.7.3 As a result of the overall assessment of tenders, the TEB shall make a final recommendation for awarding the contract to the Tenderer who offers the most economic and effective employment of the Agency’s resources. This shall be the best combination of the total weighted mark, price and when applicable the industrial policy measures and/or the geographical return requirements established in the ITT at the time of its issuing. In the case of general procurements, this shall be the lowest price tender acceptable under all the evaluation criteria. For ITTs superior or equal to 20 000 000 Euro a final recommendation for awarding the contract can only be made for a tender if the latter has obtained a minimum overall weighted mark of at least sixty (60). 7.7.4 The TEB shall also identify the main items that would require negotiation with the recommended Tenderer prior to the placing of a contract and such findings shall be clearly identified in its report. 7.7.5 The TEB shall recommend only one tender unless the programme or individual procurement proposal under which the subject tender action takes place foresees parallel contracts. In such a case, the TEB shall recommend the tender which comes second in the overall assessment provided it is of a good quality.
<strong>ESA</strong>/REG/001, rev. 2 Annex III,rev.1 Page 47 7.7.6 In all other cases, should the TEB consider that another tender of good quality but which comes second in the overall assessment could be considered, then it shall express this in a separate section of its evaluation report for the Initiating Authority’s benefit, but it shall in no case make a recommendation on it. 7.7.7 In all cases, the TEB may deem it appropriate to point out in its final report the implications resulting from the choice of a given Tenderer, and may make any other remark it considers relevant to the evaluation. 7.8 Submission of the final evaluation report for decision. 7.8.1 Pursuant to Article 42.4 of the Procurement Regulations, the Technical officer shall submit the final evaluation report to the Initiating Authority and to the Head of the local procurement division/ service for joint decision by attaching the scanned copy of the original report signed by the TEB members to the appropriate electronic form. 7.8.2 In order to help them in their decision the Initiating Authority and/or the Head of the local Procurement division/ service may require a copy of the tender(s) recommended. 7.8.3 At this stage, the TEB Chairperson together with the Contract officer shall give an oral report to the Director General, the responsible Director, the Initiating Authority, the Appointing Authority and to the Head of the local Procurement division/ service, when required by any of them. This shall be recorded in the contract file. 7.9 Referral of the final report back to the TEB Exceptionally, in case of doubt as to the correctness or completeness of the evaluation, the Initiating Authority and/or the Head of the local Procurement division/ service may prior to making a decision, refer the matter back to the TEB Chairperson and Contract officer in writing with their detailed comments for further evaluation by the TEB; they shall, however, not direct changes to evaluation criteria, weighting factors or marks. 7.10 Closing of evaluation by the TEB 7.10.1 A TEB is maintained until such time a final recommendation is made or the action cancelled. 7.10.2 On finalisation of the evaluation, the TEB Chairperson shall remind its members again not to disclose any information concerning the evaluation to any third party, unless expressly authorised by the Director General or called as a witness or interviewed in the framework of the Agency’s Procurement Review Process. 7.10.3 Each TEB participant who has received a tender - or part(s) of - shall return such documents immediately to the Contract officer for further disposal.
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ARTICLE 1: - emits - ESA

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